KAMAL VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner, who is a registered government contractor, and in whose favour, a work contract, being Contract No. 277/EE dtd. 23/6/2020, was executed. He has filed this writ petition, contending thereof that, as a consequence of the execution of the aforesaid work contract, under the terms of the aforesaid contract, an amount of Rs.11,99,213.63 for the work done by him, is due to be paid to him, under the terms of the contract for the work, which the petitioner was directed to be undertaken with regard to the construction of the parking place at H.P. Band on Upper Lower Link Mall Road, Almora.

(2.) Learned counsel for the petitioner submitted that despite having approached the respondents on number of occasions, they have not yet remitted the amount, which, according to the petitioner, is due to be paid to him since having satisfactorily completed the work, and amount claimed to be paid would fall to be an admitted due; hence, he has filed this writ petition, praying for the following reliefs:-

(3.) It is a simplicitor and rather a settled law of mandamus, that a writ petition under Articles 226/227 of the Constitution of India for a relief of a writ of mandamus could be entertained by the High Court by issuing, a writ of mandamus under satisfaction of certain pre conditional norms, where the party respondent is a State, and they are liable to perform a statutory duty under the Statute, which they, on a prior request being made by the petitioner had declined to perform their duty or have denied to perform their duty. Its then only a writ of mandamus could be issued under Article 226 of the Constitution of India.